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SENATE FLOOR VERSION
February 11, 2025
SENATE BILL NO. 944 By: Guthrie
An Act relating to crimes and punishments; amending
21 O.S. 2021, Section 1190, which relates to hazing;
defining terms; removing certain provision; modifying
provisions of certain offenses; modifying provisions
of certain penalties; providing certain civil
penalties; directing deposit of civil penalties into
certain fund; prohibiting certain defense; providing
certain liability exception; authorizing certain
disciplinary process; requiring certain assistance;
creating misdemeanor and felony offenses; provi ding
penalties; requiring development of certain
educational plan; establishing plan criteria;
requiring certain report; establishing report
criteria; requiring certain posting; updating
statutory language; creating the Anti -Hazing
Revolving Fund; specifying permissible sources of
funding; authorizing certain expenditures by the
Oklahoma State Regents for Higher Education ;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1190, is
amended to read as follows:
Section 1190. A. For purposes of this section:
1. “Educational institution ” means any public or private school
or institution of higher education in this state;
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2. “Endangers the physical health” shall include, but not be
limited to, any brutality of a physical nature, such as whipping ;
beating; branding; forced calisthenics; exposure to the elements;
forced consumption of any food, alcoholic beverage as defined in
Section 506 of Title 37 of the Oklahoma Statutes, low -point beer as
defined in Section 163.2 of Title 37 of the Oklahoma Statutes, drug,
controlled dangerous substance, or other substance; or any other
forced physical activity which could adversely affect the physical
health or safety of the individual;
3. “Endangers the mental health” shall include any activity,
except those activities authorized by law, which would subject the
individual to extreme mental stress, such as prolonged sleep
deprivation, forced prolonged exclusion from social contact, forced
conduct which could result in extreme embarrassment, or any other
forced activity which could adversely affect the mental heal th or
dignity of the individual ;
4. “Hazing” means an activity which recklessly or intentionally
endangers the mental health or physical health or safety of a
student for the purpose of initiation or admission into or
affiliation with or for the purpose o f continuance or enhancement of
status in any organization that operates subject to the sanction of
an educational institution in this state; and
5. “Organization” means a club, association, corporation,
order, society, corps, private club, fraternity, so rority, varsity
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or club athletic team, or similar group that is sanctioned or
authorized by the governing board of an educational institution and
whose members are primarily students or alumni of one o r more
educational institutions .
B. No student organization or any person associated with any
organization sanctioned or authorized by the governing board of any
public or private school or institution of higher education
educational institution in this state shall engage or participate in
hazing.
B. Any hazing activity described in subsection F of this
section upon which the initiation or admission into or affiliation
with an organization sanctioned or authorized by a public or private
school or by any institution of higher education in this state is
directly or indirectly conditioned shall be presumed to be a forced
activity, even if the student willingly participates in such
activity.
C. A copy of the policy or the rules and regulations of the
public or private school or institution of higher education
educational institution which prohibits hazing shall be given to
each student enrolled in the school or institution and shall be
deemed to be part of the bylaws of all organizations operating at
the public school or the institution of higher education educational
institution.
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D. Any organization sanctioned or authorized by the governing
board of a public or private school or of an institution of higher
education in this state which violates subsection A B of this
section, upon conviction, shall be guilty of a misdemeanor, and may
be punishable by a fine of not more than One Thousand Five Hundred
Dollars ($1,500.00), by a civil penalty not more than Fifteen
Thousand Dollars ($15,000.00), or by both such fine and civil
penalty, and the forfeit forfeiture for a period of not less than
one (1) year all of the rights and privileges of being an
organization organized or operating at the public or private school
or at the institution of higher education educational institution .
E. 1. Any individual convicted of viol ating the provisions of
subsection A B of this section shall be guilty of a misdemeanor, and
may be if such violation did not result in the seriously bodily
injury or death of another person, punishable by imprisonment in the
county jail for a term not to exceed ninety (90) days in the county
jail, or by the imposition of a fine not to exceed Five Hundred
Dollars ($500.00) Five Thousand Dollars ($5,000.00) , by a civil
penalty not more than Fifteen Thousand Dollars ($15,000.00), or by
both any such imprisonment, and fine, and civil penalty.
2. Any individual convicted of violating the provisions of
subsection B of this section shall be guilty of a felony, if such
violation results in the serious bodily injury or death of another
person, punishable by impriso nment in the custody of the Department
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of Corrections for a term not more than ten (10) years, by a fine
not more than Fifteen Thousand Dollars ($15,000.00), by a civil
penalty not more than Fifteen Thousand Dollars ($15,000.00), or by
any such imprisonment, fine, and civil penalty.
3. Any civil penalties assessed pursuant to this subsection and
subsection D of this section shall be deposited into the Anti-Hazing
Revolving Fund created in Section 2 of this act.
F. 1. The implied or expressed consent of t he person or
persons against whom the hazing was directed shall not be a defense
to any action brought pursuant to the provisions of this section.
2. The argument that the conduct was sanctioned or approved by
the educational institution or organization o r was traditional or
customary shall not be a defense to any action brought pursuant to
the provisions of this section.
G. 1. A student or organization who, in good faith, reports or
participates in reporting an allegation of hazing to local law
enforcement or to the educational institution in advance of any
hazing activity or who takes reasonable steps to prevent hazing in
the future is not subject to any civil or criminal liability that
arises from such reported hazing.
2. A person who acts in good fai th and in a timely manner shall
be immune from prosecution for any criminal offenses related to
alcohol possession, consumption, or distribution if the person:
a. (1) requests emergency medical assistance,
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(2) acts in concert with another person who reques ts
emergency medical assistance, or
(3) is the individual for whom medical assistance was
requested, and
b. (1) provides his or her own full name if requested by
medical or law enforcement personnel,
(2) provides any other relevant information requested
by medical or law enforcement personnel,
(3) remains with, or is, the person for which
emergency medical assistance was requested, and
(4) cooperates with medical and law enforcement
personnel.
3. Any person who is not immune from prosecution pursuant to
the provisions of this subsection shall be subject to the
educational institution ’s standard disciplinary process.
H. 1. Any person who actively directs or engages in an act of
hazing which results in the injury of another person, shall, to the
extent possible without causing danger or peril to himself or
herself or others, give reasonable assistance to the injured person.
Reasonable assistance includes immediately seeking or reporting the
need for medical assistance.
2. A violation of a provision of this subsection in which no
seriously bodily injury or death occurs shall, upon conviction, be a
misdemeanor punishable by imprisonment in the county jail for a term
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not to exceed one (1) year, by a fine not more than One Thousand
Dollars ($1,000.00), or by bo th such imprisonment and fine.
3. A violation of a provision of this subsection in which
seriously bodily injury or death occurs shall, upon conviction, be a
felony punishable by imprisonment in the custody of the Department
of Corrections for a term not to exceed five (5) years, by a fine
not more than Two Thousand Dollars ($2,000.00), or by both such
imprisonment and fine.
I. 1. The State Regents for Higher Education shall develop a
statewide educational plan to prevent hazing at educational
institutions and provide such plan to all students as well as all
staff or volunteers that advise or coach organizations. Such plan
shall:
a. include information regarding hazing awareness,
prevention, intervention, and the institution ’s
polices on hazing, and
b. be conducted in-person or online and shall verify
attendance. A student who does not complete the
educational program within thirty (30) days of
enrollment may not participate in any organizations
until the completion of such program.
2. Each private educ ational institution in this state shall
develop an educational plan to prevent hazing and provide such plan
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to all students as well as all staff or volunteers that advise or
coach organizations. Such plan shall:
a. include information regarding hazing awa reness,
prevention, intervention, and the institution ’s
polices on hazing, and
b. be conducted in-person or online and shall verify
attendance. A student who does not complete the
educational program within thirty (30) days of
enrollment may not participa te in any organizations
until the completion of such program.
National organizations shall provide separate and supplemental
hazing prevention education for their local affiliate chapters that
operate within this state.
J. 1. On or after the effective da te of this act, each
educational institution shall maintain and publicly report actual
findings of violations of the educational institution ’s code of
conduct or federal or state laws related to hazing that are reported
to campus authorities, local law enf orcement, national
organizations, or any organization formally affiliated with the
educational institution.
2. Such report shall include:
a. the name of the organization,
b. the date on which the organization was charged with a
violation pursuant to this section,
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c. the dates on which the event occurred,
d. the date the investigation was initiated,
e. a general description of the incident, charges,
findings, and sanctions placed on the organization,
and
f. the date on which the investigation ended with a
finding that a violation occurred.
3. Investigations that do not result in a finding of a formal
violation of the student code of conduct shall not be included in
the report.
4. The report shall not include any personal identifying
information of the indi vidual student members and shall be subject
to the requirements of the federal Family Education al Rights and
Privacy Act of 1974.
5. Each educational institution shall update such report at
least ten (10) calendar days before the start of each academic
semester.
6. Reports required pursuant to the provisions of this
subsection shall be made available on the educational institution ’s
website in a prominent location. The webpage that contains the
reports shall include a statement notifying the public:
a. of the availability of additional information related
to findings, sanctions, and organizational sanction
completion,
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b. where additional information that is not protected
under the federal Family Education al Rights and
Privacy Act of 1974 may be obtained, and
c. that the educational institution is required to
provide such additional information pursuant to the
Oklahoma Open Records Act.
7. Each educational institution shall furnish a printed notice
of the nature and availability of such report and the webs ite
address where it can be found to attendees of student orientation.
8. Each educational institution shall maintain reports as they
are updated for five (5) years.
9. Each educational institution shall report to local
authorities within seventy -two (72) hours any hazing allegation that
involved a significant risk of serious bodily injury or death.
For purposes of this section:
1. “Hazing” means an activity which recklessly or intentionally
endangers the mental health or physical health or safety of a
student for the purpose of initiation or admission into or
affiliation with any organization operating subject to the sanction
of the public or private school or of any institution of higher
education in this state ;
2. “Endanger the physical health ” shall include but not be
limited to any brutality of a physical nature, such as whipping,
beating, branding, forced calisthenics, exposure to the elements,
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forced consumption of any food, alcoholic beverage as defined in
Section 506 of Title 37 of the Oklahoma S tatutes, low-point beer as
defined in Section 163.2 of Title 37 of the Oklahoma Statutes, drug,
controlled dangerous substance, or other substance, or any other
forced physical activity which could adversely affect the physical
health or safety of the indi vidual; and
3. “Endanger the mental health ” shall include any activity,
except those activities authorized by law, which would subject the
individual to extreme mental stress, such as prolonged sleep
deprivation, forced prolonged exclusion from social con tact, forced
conduct which could result in extreme embarrassment, or any other
forced activity which could adversely affect the mental health or
dignity of the individual.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1190.a of Title 21, unless there
is created a duplication in numbering, reads as follows:
There is hereby created in the State Treasury a revolving fund
for the Oklahoma State Regents for Higher Education to be designated
the “Anti-Hazing Revolving Fund ”. The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
all monies received by the Oklahoma State Regents for Higher
Education from fines collected pursuant to Section 1190 of Title 21
of the Oklahoma Statutes provided for the purpose of hazing
education programs. All monies accruing to the credit of the fund
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are hereby appropriated and may be budgeted and expended by the
Oklahoma State Regents for Higher Education for the purpose provided
for in this act. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director of the Office of Management and
Enterprise Services for approval and payment.
SECTION 3. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
February 11, 2025 - DO PASS